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PC 85-192R~SOLUTION N0. pC85-192 A RESOL'JTION OF THE ANAHEiM CiTY PLANNiNG CGMMISSION THAT pgTtliVN FOR CpNDiZ'IONAL USE YERMIT NO, 2706 BE GRANTED W~EREAS, the Anaheim City Planning Commission did receive a verified Peti~ion for Conditional Use Permit from FINtlEY FAMjLy TRUST, JOHN H. KiNNEY AND KATNERINE KINNEY, P. 0, gox 2473, Rancho Santa Fe, California 92067, ~ranyE, StateroflCa.1 fornpa pdescribedaasa in the Cjty of Anaheim, County of LUT 2 0~ TRACZ` N0, Zb37~ AS YER t9AP RECORAED IN BOOK 20, PAGES 1 AND 2 OF DIISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFQRNIA. E~CEPT THAT PORTLON THERF.OF INCLUUED WIT6iN THE SOUTH ~ALF OF WESTNORN9EAST QOAkTER OF SECTION ~2~ TOWNSHIp 4 SOOTH, RANGE 10 ' RECORAED THE RANCHO SAN JUAN CAJON DE SANTA ANA~ AS Pgg MAP IN BUOK 51, PA~E 1~ OF MISCEL THE OFFIC.E OF ^HE COUNTY LANEOUS MAPS~ jN THF. SOUTH HALF ~E RECURDER OF SAID COUNTY, THE NORTH LINE OP B6ING DESCRIBED AS THE NORTHEl.ST QUARTER OF SF.ID SECTION 22 . FOLLUWS: BEGINNING AT PQINT ON THE EAST LINE OE SAiD NORTHEAST QUARTER, DISTANT SOUTH 0° LO' qg• EAST 1320.69 FEET THEREON FRpp~ THE NORTHEAST CORNER ThE~EUP, THENCE SOUTH 89° 55' lg• WEST. the WHEREAS, the City Planniny Commission did hold a public hearing at of aid cpublict heariny` havi~9 Abeenlduln July ~2~ 1985, at 1:30 p,m,~ notice accordance with the Y 9iven as required by laW and in ' provisions of the Anaheim Plunicipal Code, Chapter 18.03, tO hear and consider evidence for and against said proposed conditional use permit and to investigate and make findi.ngs and reco~endations in connection Commission meeta~ public hear,~1985;Vand been continued to the planning 9 of August tg WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and aEter due considaration of all evidence and repures offered at said hearing, does find and determine the following facts: use 1. That the proposed use is proper]y one for which a conditiona7. permit is authorized by Anaheitn [9unicipal Code Section 16.44.050.060 to wit; to permit a truck salec and storage facility. uses and he tg owttipand~sed use will not adversely affect the adjoining land develo ment of to be located. ~' the area in which it is proposed adeq~ate to.allow tthe efull ed Vnd shape of the site proPosed for the use is detrimental to the elopment of t}~E proposed use in a manner not general Welfare of the Citize~~ area nor to rhe peace, health, safety and of the City of Anaheim. `-` . 0595t ~: 'v: ~,i ~ ~~ ~k . , ~Y~ ..... . . . ... ,... ... .. . .. ~~ y PC85-192 0, 4. That the granting of the Conditional Use Permit undet the conditions iniposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONbiENTAL IMPACT FINlliNG: That the Anaheim City Planning Commission has reviewed the proposal to permit a truck sales and stora9e facility on an irregularly-shaped parcel of land consisting of approximate.ly U.5 acre at the southwest corner of Winston and Anaheim Boulevard, and further t~ clescribed as 100 West Winston Road; and does hereby approve the Negative Declaration upon finding that it has considered t_he Negative Declaration together with any comments received during the public raview process and further finding on the basis of the i~itial study and any comments received that there is no substantial evidence tha= the project will have a significant , effect on the environment. NpW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning c:ommission c+~es hereby grant subjeet Petition for Conditional Use Permit, upon the following conditions which are herebp• found to Se a necessary prerequisite to the proposed use of the subject properl-y in order to preserve the safety and general welEare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Anaheim Boulevacd and Winston Street in an amount as determined by the City Council. 2. That prior to issuance of a building pecmit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an am~unt as determined by th~ City Counci! f.or outdoor u~e~. 3. That a11 engineeriny requirements of the City of Anaheim along Anaheim Boulevard (which shall include celocation of existing curb, gutter, sidewalk, street lights, and any other existing improvements, ko ultimate lacation), including preparation of improvement plans and installat:on of all improvemeats such as cucbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage f~cilities, or other appurtenant work shall be complied with as cequir.ed by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the £orm of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shail be posted with the City prior to .~pproval of improvement plans, tc guarantee the installation of the above-required improvemenls within a period of 9C days from the date of this resolution. ?;~ '2' PC85-192 .' ~ :;'r .<; `B ~, ,... , _ _ _ ak ,. ~ . ~ . . ~ . . . 4. That the existing most northerly driveway along Anaheim Bou.levard and the existing most easterly dziveway on Winston Road shall be removed and replaced with a standard curb, gutter, sidewa.lk and landscaping. 5. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns as cequired by the City Traffic Engineec. 6. That trash storage areas shall be provided and maintained in accordance witti approved plans on file with the Street Maintenance and Sanitation Division. 7. 'Pnat all exist.ing underground storage tanks shall be maintained or removed if no ].onger utilized, to the satisfaction of the City Fire Marshall. 8. That gates shall not be installed across any driveway. 9. That due to tt~e change in use and/oc occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, °lectrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for an~r necessary work. lU. That the proposal shall comply with all signing requirements of the CI. Zone, unless a variance allowing sign waivecs is approved by the Planning Commis~sion or City Council. 11. That any pro;>osed parking ar•:a lignting Eixtures shall be down-lighted with a maximum height of 12 feet. Said lighting f.ixtures shall be directed away fcom adjacent pcoperty lines to protect the resi.dential integrity of the area. 12. That subject pri~pert.y shall be develoQed substantially in accordance with plans and specifications on file with the City of Anaheim ."•i~'-Z}:cd i;ri;~,iliiC ivu. 1. 13. That prior to tl~e commencement of L-he ar_tivity authorized under this resolution, Conclition Nos. 1, 2, 3 and 9, above-mentioned, sha.ll be complied with. Extensions Lor fucther time to complete said conditians may be grant~ad in accordance with Section 18.03.090 of the Anaheim Municipal Code. lA. That prior to final building and zoning inspections, Condition Nos. 4, 5, 6, 7, 8, 11 and 12, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Plannin~ Commi5Sion does hereby find and deLermine lhe~t adoption of this Resolution is expressly predicated upon applicant's compl.iance with each and all of the conditions hereinabove set forth. Should any such conditions, or a~y part thereof, be declared invalid or unenforceablF by the final jud9ment of any court of competent jurisdiction, then this Resoiutian, and any approvals herein contained, shall be deemed null and void. -3- PC85-192 ~ ~~v.c . . . _ . . . . . .. _ ~ . . . . . . .. . . ~ THE FOREGOING ~ESOLUTION is signed and apptoved by me this .19th day of Auy~st, 1985. ~ %, ~--- ~ (~ /!'//J'.f ~,.. ~ il~ /Y ~.~ir.~.C_i'> CHAZRWOMPN~ ANA.HEZM iTY PLANNING COMMISSION ATT~ST: - ~~~C.(~j~ ~~ ~//,2.-+ ~~. SECRETARY~ ANAHEIPI CiTY PLANNING COMDILSSTON STATE OF CALSFORNIA ) CUUNTY OF ORANGE ) ss. CITY Of' ANAHEIM ) I, Edith L. Eiarris, Seccetary of the Anaheim City Planning Commission, do hereby certify that the for29oin9 ~esolution was passed and adopted at a meeting of the Anaheim City Planring Commission held on August 19, 1985, by the ::~~llowing vote of the members thereof: AYES: COMMISSICClERS: BOUAS, FRY, HERBST, LA CLAZRE, LA47iCKi, D1C BURNEY~ MESSE NOES: COMMISSION~;ftS: NUNE ABSENT: CO[9MISSLONERS: NONE IN WITNESS WHEREOF, [ have hereunto set my hand this 19th day of August, 1985. ~r ( ~~.~.C~~~. f ~~r~,C:tv_, SECRETARY, ANAHEIN~ CITY PLANNING COMMISSION -4- PC85-192